British al-Qa'ida suspects set to be extradited to America

Three alleged followers of Osama bin Laden who are based in Britain are set to be extradited to face trial in the United States after failing in their attempt at the House of Lords to remain in Britain.

The men have been held in prison in London for more than two years after being arrested in connection with the 1998 bombings of American embassies in Kenya and Tanzania in which 213 people died.

London-based Saudi businessman Khalid al Fawwaz, 37, and Egyptians Ibrahim Eidarous, 39, and Adel Abdel Bary, 42, have fought a protracted legal battle to avoid extradition, claiming there was a lack of evidence against them and the alleged offences were committed outside the jurisdiction of the US.

But five law lords dismissed their appeals yesterday against earlier High Court rulings.

Lord Slynn of Hadley, sitting with Lord Hutton, Lord Millett, Lord Scott of Foscote and Lord Rodger of Earslferry, said the extradition agreement between Britain and the US did not require proof that overt terrorist acts had been committed within US territory. Lord Slynn said that extradition arrangements should reflect the cross-border nature of much modern crime and ought not to be unduly hindered by territorial restrictions.

He said: "Drug smuggling, money laundering, the abduction of children, acts of terrorism – all would, to a considerable extent, be excluded from the extradition process. It is essential this process be available to them. To ignore modern methods of communication and travel as aids to criminal activities is unreal."

At a recent hearing, Edward Fitzgerald QC, for Fawwaz, told the law lords the Advice and Reformation Committee (ARC), with which Fawwaz was connected, was a peaceful organisation. US prosecutors claim it was the British arm of Mr bin Laden's al-Qa'ida organisation.

Mr Fitzgerald said: "There is no doubt that he [Fawwaz] ran the ARC and that, at an earlier stage, Osama bin Laden had set it up.

"But this was a peaceful reform group with nothing in common with any terrorist group whatever."